[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR73.735-601]



[Page 176]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 73_STANDARDS OF CONDUCT--Table of Contents

 

                      Subpart F_Political Activity

 

Sec.  73.735-601  Applicability.





    (a) All employees in the Executive Branch of the Federal Government, 

including non-career employees, are subject to basic political activity 

restrictions in subchapter III of chapter 73 of title 5, United States 

Code (the former Hatch Act) and Civil Service Rule IV. Employees are 

individually responsible for refraining from prohibited political 

activity. Ignorance of a prohibition does not excuse a violation. This 

subpart summarizes provisions of law and regulation concerning political 

activity of employees. The Federal Personnel Manual and other 

publications of the Office of Personnel Management contain more detailed 

information on this subject. These may be reviewed in Department 

personnel offices, or will be made available by the Ethics Counselor, or 

the deputy counselor for the employee's organizational component.

    (b) The Secretary and Under Secretary are exempt from the 

prohibitions concerning active participation in political management and 

political campaigns. Also exempt are other officials of the Department, 

except the Inspector General and Deputy Inspector General, who are 

appointed by the President by and with the advice and consent of the 

Senate, and who determine policies to be pursued by the United States in 

the nationwide administration of Federal laws.

    (c) Intermittent employees are subject to the restrictions when in 

active duty status only and for the entire 24 hours of any day of actual 

employment.

    (d) Employees on leave, on leave without pay, or on furlough even 

though an employee's resignation has been accepted, are subject to the 

restrictions. Separated employees who have received a lump-sum payment 

for annual leave are not subject to the restriction during the period 

covered by the lump-sum payment or thereafter, provided they do not 

return to Federal employment during that period. Employees are not 

permitted to take a leave of absence to work with a political candidate, 

committee, or organization or to become a candidate for office with the 

understanding that they will resign their position if nominated or 

elected.

    (e) Employees are accountable for political activity by another 

person acting as their agent or under the employee's direction or 

control, if they are thus accomplishing indirectly what they may not 

lawfully do directly and openly.

    (f) Though officers in the Public Health Service Commissioned Corps 

are not subject to the restrictions in Subchapter III of Chapter 73 of 

Title 5, United States Code, the provisions of this subpart apply to 

them.